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Partnership Firm Registration

A partnership firm is a type of business entity in which two or more individuals come together to carry on a business with a view to making a profit. In a partnership firm, the partners share the profits and losses of the business in a predetermined ratio as per the partnership agreement. A partnership firm registration is relatively easy to form and is governed by the Indian Partnership Act, 1932.

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Overview of Partnership Firm Registration

A Partnership firm registration in India is governed by the Indian Partnership Act, of 1932. According to this act, a Partnership is defined as ‘the relation between persons who have agreed to share profits of the business carried on by all or any of them acting for all’. This definition gives three minimum requirements to constitute a partnership firm.

• Agreement between persons desiring to form a partnership whether oral or written,
• The object of the agreement is to share the profits of the business, and
• The intended business must be carried on by all the partners or by any of them acting for all of them.

A partnership firm is best for small businesses that plan to remain small. Low costs, ease of setting up and minimal compliance requirements make it a sensible option for such businesses.

  • Registration is optional for General Partnerships. However, for larger businesses, it has lost its relevance with the introduction of the Limited Liability Partnership (LLP).
  • This is because an LLP retains the low costs of a partnership while providing the benefit of limited liability, which means that partners are not personally liable for the debts of the business.
  • The partners in a partnership firm are the owners, and thus, are not separate entities from the firm.
  • Any legal issues or debt incurred by the firm is the responsibility of its owners, the partners. A partnership must have at least two partners.
  • A partnership firm in the banking business can have up to 10 partners, while those engaged in any other business can have a maximum of 20 partners.
  • The consent of all the partners plays an important role in matters like the admission of new members, dissolution of the firm, conversion of the firm, etc.

Advantages of Partnership Firm Registration

No Minimum Capital There is no prescribed any minimum capital requirement for obtaining registration allowing small businesses to reap the benefits of a registered partnership.
Credibility A registered partnership is considered as more credible for borrowing purposes than an unregistered partnership.
Conversion One of the registering partnership that it easy to change the legal structure.
Better decision-making Partners share the decision making and can help each other out when they need to. More partners mean more brains that can be picked for business ideas and for the solving of problems that the business encounters.
Greater flexibility Due to the limited number of partners, there is flexibility in the operations of the business as the partners can amend any objectives or change any operations any time by mutual consent.
Ease of formation A Partnership is easy to form as no cumbersome legal formalities are involved Registration is not compulsory in the case of the Partnership firm. It can be formed without any legal formality and expenses.
Minimal Compliances General Partnerships do not need to appoint an auditor or, if unregistered, even file annual accounts with the registrar. Annual compliances are also fewer as compared to an LLP. General Partnerships do need to file Income Taxes and, depending on turnover, service and sales tax.
Relatively Inexpensive A General Partnership is cheaper to start than an LLP and even over the long-term, thanks to the minimal compliance requirements, it is inexpensive.

Registration Process of Partnership Firm Registration

Step 1: Choose Name: Firstly, a name should be decided on the intended business. That name should be unique i.e. not resembling the name of an existing firm & as per the guidelines issued.

Step 2: Partnership Deed Drafting: A Legal Suvidha Financial Expert will first understand your business, Partners, Partnership structure and other relevant details to draft a Partnership Deed that is acceptable to all Partners.

Step 3: Partnership Deed Registration: Based on your requirements and the service level you have requested from Legal Suvidha Providers, we will help you register the Partnership Deed with the relevant authorities to make the Partnership a Registered Partnership Firm. The whole process will take 10-12 working days.

Documents Required of Partnership Firm Registration

1. ID and Address Proof of Partners like Pan Card/Passport/Voter ID/Aadhar Card/Driving License Copy of the Partners.

2. If Property on Rented: Rent Agreement and NOC from Landlord.

3. if Property is own: Need Electricity Bills or any other Address Proof.

4. Affidavit declaring an intention to become a partner

FAQ's on Partnership Firm Registration

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